US Court of Appeals for the Fifth Circuit Opinions United States v. Sealed Appellee Docket: 17-50451 Opinion Date: April 10, 2018 Judge: Per Curiam Areas of Law: Criminal Law The Fifth Circuit vacated appellee's 80 month sentence and remanded for resentencing. In this case, appellee pleaded guilty, pursuant to a plea agreement, to conspiring to possess with intent to distribute 1,000 kilograms or more of a mixture or substance containing a detectable amount of marijuana. The court held that a motion by the government was required for the district court to depart below the minimum term of imprisonment established by Congress for the drug offense appellee committed. Therefore, it was error for the district court to sua sponte depart from the minimum. Read Opinion
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